HomeMy WebLinkAboutTC Res 2012-10-03 (2)RESOLUTION NO. 37-2012
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING RESOLUTION NO. 53-2010
AND AMENDING THE TOWN'S
CONFLICT OF INTEREST CODE
WHEREAS, in 1980 the Town Council adopted Resolution No. 1094 which incorporated by
reference the Fair Political Practices Commission's (FPPC) model Conflict of Interest Code (Title
2, Division 6, Section 18730 of the California Code of Regulations), including appendices
detailing which positions must file an annual disclosure statement and what interests must be
disclosed;
WHEREAS, since 1980, the Town Council has amended its Conflict of Interest Code in
1991, 1997, 1998, 2002, 2004, 2006, 2008 and 2010, in order to comply with changes to FPPC
regulations regarding disclosure, the adoption of new filing forms, as well as changes to job
descriptions and titles of its required filers;
WHEREAS, Section 87302 of the California Government Code requires the Town to
designate other positions within the Town that are required to file disclosure statements; and
WHEREAS, since adoption of Resolution No. 53-2010, the following changes have
occurred and warrant review pursuant to Section 87302:
• the State Legislature dissolved the Tiburon Redevelopment Agency and the Town
Council assumed the role of successor agency;
• The Town Council created and made appointments to the Building Code Appeals Board,
whose members should report assets that could be affected by their service;
• Disclosure Category 2 required clarification to be consistent with Form 700
requirements; and
• During the 2012 Biennial Review of the Town's Conflict of Interest Code, it was
determined that the Heritage & Arts Commission's disclosure category should be
Category 4 rather than Category 1.
NOW, THEREFORE, the Town Council of the Town of Tiburon RESOLVES as follows:
1) Resolution No. 53-2010 is hereby repealed;
2) The FPPC's Model Conflict of Interest Code as set forth in Section 18730 shall
continue to be incorporated by reference as the Town's Conflict of Interest Code,
3) Appendix "A" attached to this resolution is hereby amended and incorporated into
the Conflict of Interest Code.
4) Appendix "B" attached to this resolution is hereby amended and incorporated into
the Conflict of Interest Code.
5) Appendix "C" attached to this resolution is hereby amended and incorporated into
the Conflict of Interest Code.
TOWN OF TIBURON CONFLICT OF INTEREST RESOLUTION ADOPTED OCTOBER 3, 2012 PAGE 1 OF 5
6) The Town Clerk continues to be designated as the filing officer for the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on October 3, 2012, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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Page 2 of 5
APPENDIX "A"
DESIGNATED POSITIONS
2.
3
DISCLOSURE CATEGORIES
(Unless otherwise specified, Government Code
Section 87200 filers must review all schedules on
Form 700. See Appendix "C" for specific disclosure
categories.)
Members of the Following:
BOARDS & COMMISSIONS
A. Town Council Form 700
B. Town Council as Successor Agency
to the Tiburon Redevelopment Agency Form 700
C. Planning Commission Form 700
GENERAL MANAGEMENT
A. Town Manager Form 700
B. Town Treasurer Form 700
TOWN ATTORNEY Form 700
Page 3 of 5
APPENDIX "B"
DESIGNATED POSITIONS
1. Members of the Following:
BOARDS & COMMISSIONS
A. Design Review Board
B. Parks, Open Space & Trails
C. Heritage and Arts Commission
D. Building Code Appeals Board
2. GENERAL MANAGEMENT
A. Director of Administrative Services
B. Town Clerk
C. IT Coordinator
3. DEPT. OF COMMUNITY DEVELOPMENT
DISCLOSURE CATEGORIES
(Unless otherwise specified, review all
schedules on Form 700. See Appendix "C"
for specific disclosure categories.)
2
2
4
2
1
3
3
A.
Director of Community Development
1
B.
Planning Manager
1
C.
Associate Planner
2
D.
Assistant Planner
2
E.
Contract Planner
2
F.
Building Official
2
G.
Building Inspector
2
4. PUBLIC WORKS DEPARTMENT
A. Dir. of Public Works/Town Engineer Form 700
B. Superintendent of Public Works 4
5. POLICE DEPARTMENT
A. Chief of Police 4
B. Police Captain 4
6. CONSULTANTS As deemed applicable by
Town Manager
Page 4 of 5
APPENDIX "C"
DISCLOSURE CATEGORIES
A. APPROPRIATE FORM
All persons holding offices or positions specified in Government Code Section 87200 shall file
FPPC Form 700 for purposes of complying with the financial disclosure requirements of the
Conflict of Interest Code. All other positions and offices designated in Appendix B shall only file
the appropriate schedules in Form 700 based on the disclosure categories listed below.
B. DISCLOSURE CATEGORIES (as amended below)
Category 1: Interests in real property located within the jurisdiction or within two miles of the
boundaries of the jurisdiction or within two miles of any land owned or used by the
agency; and investments and business positions in business entities, and income,
including loans, gifs, and travel payments, from all sources.
Category 2: Interests in real property located within the jurisdiction or within two miles of the
boundaries of the jurisdiction or within two miles of any land owned or used by the
agency (with the exception of a home used exclusively as a personal residence).
Category 3: Investments and business positions in business entities, and income, including
loans, gifts, and travel payments, from sources that provide services, supplies,
materials, machinery, or equipment of the type utilized by the agency.
Category 4: Investments and business positions in business entities, and income, including
loans, gifts, and travel payments from sources that provide services, supplies,
materials, machinery, or equipment of the type utilized by the designated
position's division or department.
Page 5 of 5